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Somaliland decides Domestic election observers' report on the 2017 presidential elections - Saferworld
R EPO RT

           Somaliland decides
           Domestic election observers’ report on the 2017
           presidential elections

           May 2018
Somaliland decides Domestic election observers' report on the 2017 presidential elections - Saferworld
Somaliland decides
Domestic election observers’ report on the 2017
presidential elections

MAY 2018
Somaliland decides Domestic election observers' report on the 2017 presidential elections - Saferworld
Acknowledgements
This report was written by Yussuf Ali Hassan, election consultant, with assistance
from: Mohamed Ahmed Mohamoud, head of the observation mission; SONSAF’s
executive director, Ahmed Abdillahi Duale; SONSAF’s election project coordinator;
and Saferworld’s Abdishakur Hassan Kayd, Abdijalil Dahir Afqarshe and Peter
Mackenzie.
The author would like to acknowledge SONSAF and Saferworld for their input,
technical assistance and editing.
The work of the presidential election observation mission was supported by the
European Commission’s Supporting Electoral and Representative Democracy in
Somaliland project, financed through Saferworld. The opinions expressed in this
report are those of the author and do not necessarily reflect the views or opinions
of the European Commission or Saferworld.

© Saferworld and SONSAF, May 2018. All rights reserved. No part of this publication
may be reproduced, stored in a retrieval system or transmitted in any form or by any
means electronic, mechanical, photocopying, recording or otherwise, without full
attribution.
Disclaimer: The terms used in this report are based on Somaliland’s existing legal
framework. The map of Somaliland used is based on Article 2 of the Somaliland
constitution. The use of the terms ‘national’ and ‘country’ to describe existing
institutions and electoral processes in Somaliland are subject to Somaliland’s own
legal framework, comprising the Somaliland constitution and other national laws.
Somaliland decides Domestic election observers' report on the 2017 presidential elections - Saferworld
Contents

     Foreword                               i
     Map of Somaliland                     ii

     Executive summary                    iii
     Summary of key findings               iv
     Recommendations                      vi

  1. Introduction                          1
1.1. Approach and methodology              2

  2. Institutional and legal frameworks    8
2.1. Political system                      8
2.2. Legal framework                       8
2.3. Institutional framework              13

  3. Pre-election period                  15
3.1. Voter registration                   15
3.2. Training and education               18

  4. Presidential election period         20
4.1. Election campaigning                 20
4.2. Political parties                    22
4.3. Breaches and penalties               22
4.4. The media                            23
4.5. Voting operations and election day   24
4.6. Verification of results               26

  5. Recommendations                      31

  6. Appendices and bibliography          35
6.1. Appendices                           35
6.2. Bibliography                         46
Somaliland decides Domestic election observers' report on the 2017 presidential elections - Saferworld
Tables and figures
Table 1: Summary of DEOMs in Somaliland                              3
Table 2: Deployment of observers per region                          4
Table 3: Signatories to the code of conduct for the political       12
parties in August 2017
Table 4: Voters registered per electoral region                     16
Table 5: Voters registered and collected voting cards               17
Table 6: List of eligible registered voters per region              17
Table 7: List of electoral staff estimates deployed on              18
13 November 2017
Table 8: Summary of civic education activities                      19
Table 9: Turnout of valid voters                                    27
Table 10: Votes cast in the presidential election on 13 Nov 2017    27
Table 11: Percentage of valid votes received per party per region   28
Table 12: Per cent of valid votes per region                        28
Table 13: Total votes cast nationally                               28
Table 14: Summary of post election general observations             40
Table 15: Summary of critical incident observations                 43

Figure 1: Structure of the Domestic Election Observation Mission     5
Figure 2: Votes received per political party per region             29

Acronyms and abbreviations
AU                 African Union                                    Political parties
CSOs               Civil society organisations                      Kulmiye    Peace, Unity and Development Party
DEOM               Domestic Election Observation Mission            UCID       Unity and Welfare Party (United Justice Party)
DFID               United Kingdom Department for                    Waddani    Somaliland National Party
                   International Development
DPU                Development Planning Unit
EMB                Electoral Monitoring Board
EU                 European Union
HAVOYOCO           Horn of Africa Youth Voluntary Committee
IEOM               International Election Observation Mission
MMC                Media Monitoring Committee
NAGAAD             Network of Women’s Organizations in
                   Somaliland
NEC                National Electoral Commission
NGOs               Non-governmental organisations
SAYS               Somaliland Association for Youth Salvation
SCSEF              Somaliland Civil Society Election Forum
SOLJA              Somaliland Journalists Association
SONSAF             Somaliland Non-State Actors Forum
SOSDO              Somali for Skills Development Organisation
SUNGO              Sool United Non-governmental
                   Organisation
UCL                University College London
UK                 United Kingdom
Somaliland decides Domestic election observers' report on the 2017 presidential elections - Saferworld
i

Foreword

I AM GRATEFUL TO the Somaliland Non-State Actors Forum (SONSAF) and the
Somaliland Civil Society Election Forum (SCISEF), and extend special thanks to
Mohamed Ahmed Mohamoud, SONSAF’s executive director, Jaffer Mohamed
Gadaweyne, SONSAF’s programme coordinator, Ahmed Abdillahi Duale, SONSAF’s
election project coordinator, Abdirahman Mohamed Abdilahi, SONSAF’s finance
manager, Sharmarke Ismail Idiris, SONSAF’s advocacy and lobbying officer, and
Farah Yusuf Hussein, all of whom gave their time and ideas generously.
Special thanks go to media consultant Mohamed Abdalla Elmi, statistics consultant
Emmanuel Oluka, and their teams – the data entry and analysing units – for their hard
work in capturing, analysing, and reporting accurate data throughout the presidential
election.
I would like to thank civil society organisations, specifically the SCISEF domestic
election observers, for their hard work at voter registration centres throughout
Somaliland.
Special thanks also to the National Electoral Commission, voter registration stake-
holders, political parties, government, media, and citizens, for their role in the third
direct presidential election process, which resulted in the election held on 13 November
2017. This has proved an impressive achievement at this time in Somaliland and the
East Africa region.
Special thanks are due to the Government of Somaliland for its timely allocation of
funds and to Saferworld, the EU and DANIDA for their continued financial and
technical support to voter education on voter registration processes, elections and
democratisation processes in Somaliland.
Last but not least, I owe great appreciation to Abdishakur Hassan Kayd and Abdijalil
Dahir Afqarshe, who managed the Somaliland elections project for Saferworld, for
their excellent leadership, contributions, guidance, input and support throughout the
process of finalising this report.
Sincerely,

Mustafe Sa’ad Dhimbil
Chairman of SONSAF
Somaliland decides Domestic election observers' report on the 2017 presidential elections - Saferworld
ii

Map of Somaliland
                Lawyo Addo
 DJIBOUTI             Zeilla
                                             GU L F O F ADEN                                                      Las Korey
                                                                                                                                     Elayo
                                                                                              Maid
                                                                 Karin                     Heis
                                                                                                                         Hadaftimo
                                Lughaya                                                                                       Badhan
                                                                                                           Erigavo

                                          Bulahar
           AWDAL                                       Berbera                                                        SANAAG
                                                          SAHIL              SOM A L I L A N D
                                                          Sheikh
      Borama                                                                                          El Afweyn
                                                                                                                              Hingalool
                         Gabiley
                                    HARGEISA                        Burao
                    Kalabaydh                                                                   Garadag
                                                        Odweyne            TOGDHEER
                                   WAQOYI
                                   GALBED                                                                   Xudun                Taleh

                                     Salahley                                         Ainabo
                    Balligubadle

                                                                 Duruksi                                      SOOL
                                                                            Balli Dhig
          ETHIOPIA                                                                    Buhodle
                                                                                                           Las Anod

                                                                                                                              SOMALIA

Source: Ministry of Planning, Republic of Somaliland.This map is based on international treaties and boundaries inherited by the state of
Somaliland upon attainment of independence on 26 June 1960.
Somaliland decides Domestic election observers' report on the 2017 presidential elections - Saferworld
iii

    Executive summary

    ON 13 NOVEMBER 2017 ,       565,617 of Somaliland’s 704,089 registered voters cast their
    votes in the third direct presidential election held in Somaliland since the reinstitution
    of political independence in 1991. Some voters began queueing at polling stations as
    early as 5.30am.
    The incumbent, President Ahmed Mohamed Mohamoud (Silaanyo) chose not to seek
    a second term. Muse Bihi Abdi, the candidate of the ruling Kulmiye party, won the
    majority of the popular vote in an election considered generally fair and credible by
    domestic and international observers. This election showed that a genuine political
    culture of peaceful and democratic transfer of power, rarely seen in African politics, has
    matured in Somaliland. At his inauguration on 13 December 2017, Somaliland’s fifth
    president and third chosen through direct election shook hands with his predecessor
    as he took office.
    The Republic of Somaliland has successfully completed seven direct elections, including:
■   A popular referendum on the ratification of the Somaliland Constitution (2001)
■   Two direct local council elections (2002 and 2012)
■   One direct election for the House of Representatives (2005)
■   Three direct presidential elections (2003, 2010 and 2017)
    Despite the extension of the president’s term of office for a period of two years and four
    months due largely to drought and technical issues, this election showed an impressive
    improvement over past elections in terms of administration and democratisation.
    This was an election of firsts. It marked the first time that:
■   An incumbent president of Somaliland chose not to seek a second term
■   An African country used iris-recognition technology in its biometric voter registration
■   An incumbent president of Somaliland prohibited the use of government transport
    and public resources for campaigning
■   An incumbent president of Somaliland produced a decree ordering civil servants not
    to campaign on behalf of the ruling party
■   An incumbent president of Somaliland produced a decision legitimising the equal use
    of state radio and television by all political parties contesting the election, including
    the ruling Kulmiye party and the opposition UCID and Waddani parties
■   A live television debate took place among the three presidential and three vice
    presidential candidates, greatly enhancing Somaliland’s democratic image
■   The two districts of Xudun and Taleex in Somaliland’s eastern region were able to vote
    for the first time since the 2001 constitutional referendum
Somaliland decides Domestic election observers' report on the 2017 presidential elections - Saferworld
iv                   SOMALILAND DECIDES : DOMESTIC ELECTION OBSERVERS ’ REPORT ON THE 2017 PRESIDENTIAL ELECTIONS

                     After declaring the reinstitution of its independence in 1991, Somaliland successfully
                     managed processes of reconciliation, reintegration and reconstruction. On 31 May
                     2001, Somaliland’s constitution was ratified through a public referendum, with the
                     support of 97 per cent of over 1.1 million voters.
                     Based on the democratic principles stipulated in the constitution, Somaliland enacted
                     electoral legislation and adopted inclusive policies based on a multi-party democratic
                     system in 2002. The emergence of a constitutional democracy and establishment of
                     institutional frameworks continued, and Somaliland created platforms for the
                     progressive development of democratic processes. This democratisation process has
                     matured through the completion of six democratic elections between 2002 and 2017.
                     All six elections were attended by international observers, who recognised them as fair
                     and representative.
                     This report is the result of a collaboration between the Somaliland Non-State Actors
                     Forum (SONSAF) and the Somaliland Civil Society Election Forum (SCISEF), with
                     support from Saferworld’s Somaliland team. To present a comprehensive understanding
                     of the strengths and weaknesses of the administration of this election, the author
                     conducted a literature review and gathered data before, during and after the election
                     and announcement of results. This report draws upon three main sources of data: the
                     reports returned by 620 domestic election observers; a review of relevant secondary
                     literature; and the DEOM’s monitoring of media and political party performance.
                     This report evaluates the overall presidential election, including the geographic
                     distribution of polling stations, the implementation of election campaigns, the recruit-
                     ment and training of electoral staff, the distribution of election materials, polling day
                     procedures, security, and the announcement of election results.
                     This report is part of the European Union’s technical assistance to Somaliland’s general
                     elections. This report aims to identify and assess electoral gaps in the post-election
                     administrative and planning process. Furthermore, the EU’s technical assistance aims
                     to detect challenges to the election process and maximise election transparency and
                     accountability to pave the way for further elections, by producing recommendations
                     to stakeholders that must be addressed before the next polling day.

     Summary of      Voter registration: Somaliland successfully completed its voter registration process
     key findings     in 2016 and 2017. The voter registration used iris recognition technology to ensure
                     against multiple or fraudulent registration, the first time any country in Africa has
                     done so. The NEC issued a final voter register comprising 704,089 voters verified to
                     participate in the presidential election.
                     Election campaigning: The electoral campaign was peaceful in general. The NEC
                     allocated 21 days for campaigning, with an equal schedule of seven days distributed
                     for the campaign of each of the three national political parties. The political parties
                     respected this timeframe. However, during the campaign period observers noted a
                     number of instances in which parties directly addressed each other using hate speech
                     and tribalist wording.1
                     Media: This was the first time in Somaliland that the incumbent president issued a
                     presidential decree 2 establishing equal use of state media, namely Radio Hargeisa and
                     national television, among the three national political parties contesting the election.
                     On 12 November 2017, the NEC announced that access to certain social media platforms
                     would be blocked temporarily, starting on 13 November 2017 at 6pm, until the NEC
                     announced preliminary election results.

                   1 The electoral Code of Conduct for political parties prohibits the use of hate speech and tribalist wording, which encourages
                     voters to vote along tribal affiliations.
                   2 Somalilandlaw.com, ‘Somaliland Law’, (http://www.somalilandlaw.com/)
Somaliland decides Domestic election observers' report on the 2017 presidential elections - Saferworld
SAFERWORLD   · SONSAF                                                                       v

Geographical coverage: The election was conducted in all six electoral regions and
21 electoral districts in Somaliland. This was the first time that voter registration and
voting took place in Xudun and Taleex of Sool region.
Voting operations and election day: Observers’ findings indicated that the necessary
election materials successfully reached all polling stations. Polling stations generally
opened on time at 7am and the representatives of political parties, electoral staff and
security forces were reported present at all polling stations observed. The closure of
polling stations across Somaliland was reported to have taken place in a peaceful and
orderly manner. In nearly all polling stations the vote counting process was reported
to be very good (86 per cent) or good (13 per cent). Both domestic and international
observers noted some irregularities, but none serious enough to undermine the
credibility of the election.
Polling stations: 1,642 polling stations were established across Somaliland. Voting
operations did not take place in five polling stations in Maroodi Jeex and Togdheer
regions, namely Lo’ka Arroor, Illinta Dhexe, Iskgoyska Sheekh Madar, Qori-Lugud
A-2 and Qori-Lugud B-2. The election was not held in three polling stations in Sanaag
region, namely Damal Cirbiide, Cali Tima Go-go’ane and Sarmaanyo. A ballot box was
placed at the Dheriyo #968-1 polling station in Sanaag region, but no votes were cast
on election day.
Women and youth: The local observers noted stronger-than-expected participation
of women and youth in voting, and that many youth worked effectively as polling
station officials.
Complaints and appeals: The Waddani political party made several complaints
through the media, but did not file them according to formal procedures or legal
channels. This led to post-election tensions and eventually riots led by youth in
Hargeisa, Burco and Ceerigaabo. The riots continued for about one hour before police
forces quelled them, resulting in causalities including four deaths and five people
injured.
Election insights: This was the first election in which the ruling and opposition
parties had equal access to state media channels. It also produced the first-ever
presidential debate broadcast live on national television, the first use of iris-recognition
technology in an African election, and Somaliland’s first election in which the
incumbent president did not stand for re-election.
Security: Domestic and international observers both concluded on 15 November 2017
that that the presidential election had been conducted peacefully.
Election observation: Domestic and international observers both put out press
releases that contained positive initial evaluations of the presidential election.
The international election observation mission stated that they had not witnessed
irregularities on a scale which would undermine the integrity of the result. SONSAF’s
press release on 15 November 2017 stated that “the presidential election held on
13 November 2017 was peaceful and smooth administratively, and at the same time
the presidential election was free and fair.”
vi                SOMALILAND DECIDES : DOMESTIC ELECTION OBSERVERS ’ REPORT ON THE 2017 PRESIDENTIAL ELECTIONS

Recommendations     Parliament

                    Legal framework: The existing election law 3 is not sufficient with regard to cases
                    involving theft of electoral materials, and includes no penalties for offenses committed
                    by political parties. Therefore, we recommend reforming both this law, which governs
                    presidential and local council elections, and the law on House of Representatives
                    elections,4 to bring them in line with constitutional principles. The electoral code of
                    conduct should also be reformed and penalties applied to political parties for breaches
                    of the code, including failure to use legal channels for election complaints, and/or
                    use of the media to lodge complaints without properly filing them with the NEC.
                    The election law and electoral code of conduct should also address instances of theft
                    of election materials or propaganda against the electoral process by political parties.
                    Voter registration: The custody of the voter register and its periodic updates must be
                    established by law, ideally through reform of the Voter Registration Law.5 Updates to
                    the register should be completed a minimum of 12 months before the next election. We
                    also recommend the separation of voter registration and the civil registration process,
                    because domestic observers reported that there was confusion about the simultaneous
                    registrations which took place in 2016, especially in Togdheer region where voters
                    confused which ID card was supposed to be used on voting day. The DEOM recommends
                    strengthening measures to prevent underage voters from registering.
                    IRIS technology: We recommend that the operation of iris technology be standardised
                    and established under the Voter Registration Law.

                    Government of Somaliland

                    Planning and implementation: The process of planning and implementing election
                    calendars, budgets and financial plans should be part of the national strategic plan.
                    The elections calendar must be published prior to elections and adhered to by all stake-
                    holders.
                    Election postponements: Timely elections should be adopted and insisted upon by
                    all stakeholders. Dates for the House of Elders election process should be determined
                    immediately, as the House of Elders has never undergone direct elections. The House
                    of Representatives election was due on 29 September 2010, but has been delayed three
                    times. Local council elections were due in November 2017 but have been delayed to
                    2019. All of these postponements are unconstitutional and are against the law.

                    National Electoral Commission

                    Civic and voter education: The NEC’s civic education should use lessons learnt
                    from past interventions in 2016–17. The NEC should improve the content of messages
                    to adequately inform citizens how to participate in elections and pursue complaints
                    through the proper channels established by law rather than violence.
                    Campaign: The NEC should further improve the campaign process, in particular
                    the code of conduct for political parties and regulation of campaign speeches. The
                    electoral code of conduct should be reformed and sanctions imposed on hate speech,
                    tribalism and inflammatory words directed by one party toward another, which risk
                    undermining democratisation processes.

                  3 Somalilandlaw.com, ‘Law No. 20/2001’ (http://www.somalilandlaw.com/electoral_laws.html#PLCLaw17Eng)
                  4 Somalilandlaw.com, ‘Somaliland House of Representatives Election Law’ (http://somalilandlaw.com/representatives__
                    election_law.htm)
                  5 Somalilandlaw.com, ‘Somaliland Voters’ Registration Law and Regulations' (http://somalilandlaw.com/Somaliland_Voter_
                    Reg_Law___Regs_2016.pdf)
SAFERWORLD   · SONSAF                                                                   vii

    Blockage of social media: We recommend that NEC impose no further blockages
    on social media in the future unless the election laws stipulate such actions and permit
    the NEC to do so.

    We recommend that the NEC:
■   Reinforce its commitment to the rule of law and make sure that electoral offences are
    penalised in accordance with the law.
■   Strengthen dissemination of timely information to the public to discourage the airing
    of complaints through media without following formal procedures.
■   Consider the consequences of complaints and adopt timely countermeasures before
    tensions emerge.
■   Strengthen responsibility and accountability for electoral materials, safety, protection
    and inspection upon dispatching and return.
■   Ensure that all electoral terms are translated into the Somali language and adopted as
    standard terminologies for elections.

    National political parties

    National political parties must show a greater sense of accountability to the rule of
    law and pursue complaints through the appropriate legal channels established by law.
    Political parties should recognise that their practices and attitudes can have a rapid
    and major impact on peace and stability in Somaliland, which can reflect back upon
    the party itself.

    Media

    The media should verify all information received from concerned parties, and
    should not broadcast false information. It should be accountable for the information
    it disseminates through news outlets, and perform its work in compliance with the
    relevant laws and codes of conduct.

    SONSAF and SCISEF

    SONSAF and SCISEF should improve their relationship with the NEC to improve
    access to accurate information on election administration. The minimum information
    required from the NEC should be clarified ahead of time and requested by SONSAF,
    including the number of NEC personnel, officials and electoral staff trained and
    deployed across Somaliland for the election, the number of security forces deployed
    to all polling stations, and the distribution and return of electoral materials. SONSAF
    should work on standardising the domestic observation mission’s instruments and
    tools to ensure that factual information is captured for reporting.

    International community

    The international community should consider improving its technical support for
    elections by investing in theoretical and practical trainings for the government, the
    NEC and national political parties, in order to decentralise knowledge of elections
    and their principles in Somaliland.
1

              1
                                  Introduction

                                  SOMALILAND ’ S 13 NOVEMBER 2017 PRESIDENTIAL ELECTION was held peacefully
                                  throughout 21 electoral districts, a significant improvement in geographical coverage
                                  compared to the 19 districts of previous elections.
                                  The Somaliland Non-State Actors Forum (SONSAF) successfully led the deployment
                                  of a Domestic Election Observation Mission (DEOM) through the Somaliland Civil
                                  Society Election Forum (SCISEF). This included the selection and training of 620
                                  domestic observers and their deployment to observe election day and post-election
                                  processes. By adhering to a code of conduct and ethics, the DEOM committed to
                                  neutral and impartial observation of the presidential election. This report presents
                                  the findings of the DEOM, and draws upon a literature review, preliminary reports,
                                  briefing papers, and press releases issued during the process.
                                  Funding for the DEOM was provided by the European Union through Saferworld,
                                  which also provided technical support. This report is intended to inform future
                                  policies and decisions of the European Union, Saferworld, the Somaliland National
                                  Electoral Commission (NEC), the Somaliland government, Somaliland’s political
                                  parties, civil society organisations and media, and other donors supporting elections
                                  in Somaliland, including DANIDA, DFID and USAID.

          In the run-up to the
         presidential election,
crowds of supporters gather
at Freedom Park in Hargeisa
  for a rally in support of the
        ruling party, Kulmiye.
    Kate Stanworth/Saferworld
2                                 SOMALILAND DECIDES : DOMESTIC ELECTION OBSERVERS ’ REPORT ON THE 2017 PRESIDENTIAL ELECTIONS

    1.1. Approach                 Since the inception of domestic election observations in Somaliland, SONSAF, with
              and                 the financial and technical support of the EU through Saferworld, has adopted a
                                  standard and comprehensive long-term election observation methodology, including
    methodology                   standardised questionnaires. This methodology, adapted from EU 6 and AU 7 observation
                                  processes, focuses on objective assessment of all aspects and stages of the electoral
                                  cycle. It ensures the consistency, accuracy and comprehensiveness of election
                                  information, as well as the thorough analysis of information drawn from the observer
                                  questionnaires.
                                  This approach and methodology connects assessment of the electoral cycle to broader
                                  issues of democracy, the rule of law and human rights. SONSAF’s election observation
                                  methods include the long-term field presence of domestic election observers,
                                  maximising the engagement of civil society, recruitment and training of domestic
                                  observers, impartial and independent assessment, non-interference in the electoral
                                  process, and cooperation with the NEC, political parties, government and international
                                  community. SONSAF ensures openness among all electoral stakeholders including the
                                  public by issuing preliminary statements shortly after the completion of each stage of
                                  the electoral cycle or in response to outstanding issues.

1.1.1. Somaliland Non-            SONSAF was established in 2008 to represent the voices of Somaliland’s CSOs and
    State Actors Forum            other non-state actors. SONSAF provides a formal and legitimate structure through
             (SONSAF)             which non-state actors can engage more effectively with decision makers in govern-
                                  ment structures and the international community in support of poverty reduction,
                                  democracy, and peacebuilding.8
                                  The NEC accredited SONSAF to take part in the domestic election observation mission
                                  in accordance with Article 68 of the Somaliland Presidential and Local Council
                                  Elections Law (Law No. 20/2001) as amended in 2017.

  Supporters of the political
   party Waddani gather at
Freedom Park in Hargeisa in
            November 2017.
   Kate Stanworth/Saferworld

                                6 Election Observation and Democratic Support (2016), ‘Handbook for European Union Election Observation’
                                  (https://eeas.europa.eu/sites/eeas/files/handbook_for_eu_eom_2016.pdf)
                                7 African Union Commission, ‘African Union Election Observation Manual’ (http://au-elections.org/documents/auob.pdf)
                                8 SONSAF, ‘Organisational structure’ (http://www.sonsaf.org/about/organizational-structure/index.php)
SAFERWORLD      · SONSAF                                                                                                     3

Supporters of the political
     party UCID gather at
Freedom Park in Hargeisa,
   where the presidential
      candidate, Faisal Ali
   Warabe, addressed the
                   crowd.
 Kate Stanworth/Saferworld

1.1.2. The Somaliland             SONSAF’s DEOM initiative started in Somaliland as part of the 2010 presidential
Civil Society Election            election, with the support of the EU and technical assistance from Saferworld.
       Forum (SCISEF)             SONSAF formed SCISEF in 2012 to increase the engagement of Somaliland’s civil
                                  society in the monitoring and observation of voter registration and elections at the
                                  regional and national levels. SCISEF is an independent, impartial, and non-partisan
                                  electoral observation body that works as long-term observers.

                                  Table 1: Summary of DEOMs in Somaliland

                                    2010 presidential              2012 local council             2016/2017 voter                2017 presidential
                                    election                       elections                      registration                   election

                                    SONSAF directly                SONSAF established             SCISEF deployed                SONSAF/SCISEF
                                    deployed 677 trained           SCISEF, which                  180 DEOs to                    trained and deployed
                                    DEOs.9                         deployed 800 DEOs              approximately                  620 DEOs and
                                                                   to approximately               65 per cent of voter           47 SCISEF members –
                                                                   50 per cent of polling         registration centres           667 in total – covering
                                                                   stations.10                    (VRCs).                        approximately
                                                                                                                                 41 per cent of all
                                                                                                                                 polling stations.

                                  SONSAF established the organisational structure, management and coordination
                                  mechanisms of the 620-member DEOM and launched the SCISEF on 25 November
                                  2015, comprising 88 CSOs. Through SCISEF, SONSAF has engaged civil society and
                                  increased its role and space in election processes.
                                  SCISEF’s scope and mandate as stated in its terms of reference and code of conduct
                                  include:
                              ■   Providing a long-term domestic election observer mission to assess the pre-election,
                                  election and post-election periods11
                              ■   Observing, monitoring, and reporting on election procedures through the use of
                                  policy briefings, policy dialogue, and mediation where applicable
                              ■   Engaging with key stakeholders including the NEC, political parties, the government,
                                  the media, civil society, the EU, and other local and international actors
                              ■   Assessing the pre-election period, focusing on the legal framework, planning and
                                  implementation, training and education and voter registration

                               9 Makokha J and Ali Y (2013), ‘Somalilanders speak: lessons from the November 2012 local elections’, April, p 2.
                              10 Kibble S, Walls M (2013), ‘‘Swerves on the road’: Report by International Election Observers on the 2012 local elections in
                                 Somaliland’ (London: Progressio). Available at: http://www.progressio.org.uk/sites/progressio.org.uk/files/Swerves-on-the-
                                 road-2013.pdf; also available at http://www.somalilandlaw.com/Swerves-on-the-road-2013.pdf
                              11 Makokha J, Ali Y (2013), ‘Somalilanders Speak, Lessons Learned from the November 2012 Local Elections’, pp. 4; 11,
                                 available at http://www.somalilandlaw.com/Somalilanders-speak_-_lessons_from_2012_elections.pdf
4                            SOMALILAND DECIDES : DOMESTIC ELECTION OBSERVERS ’ REPORT ON THE 2017 PRESIDENTIAL ELECTIONS

                         ■   Assessing the extent to which the constitutional and legal frameworks guarantee
                             fundamental freedoms and human rights
                         ■   Assessing the NEC’s impartiality and independence, as well as its freedom of action
                         ■   Ensuring that the electoral system is fairly implemented and that electoral competition
                             is premised on the freedom of association through the existence of political parties
                         ■   Assessing the extent to which access to and use of public resources for campaigning
                             purposes are equitable
                         ■   Reiterating the clearly defined rules for political party funding, and applying the rules
                             impartially in case of violations or attempted violations
                         ■   Checking the extent to which voter education is non-partisan
                         ■   Ensuring that an independent media authority is responsible for monitoring and
                             regulating contesting parties’ and candidates’ equitable access to public media
                         ■   Producing preliminary, impartial reporting on the performance of voter registration
                             and electoral processes through the collection of factual information and documenta-
                             tion, in line with the code of conduct and guidelines outlined in SONSAF’s Electoral
                             Observation and Monitoring Missions.12

       1.1.3. Domestic       SCISEF convened an 18-member Civil Society National Task Force on Domestic Election
    election observers       Observers to participate in the observer selection process, including setting the
                             recruitment criteria, vetting the selected candidates and monitoring the overall process.
                             SCISEF assisted SONSAF in recruiting 620 domestic election observers (DEOs) and
                             conducting DEO training in each region, to familiarise trainees with:
                         ■   standard electoral cycle stages and instruments
                         ■   the objectives of the DEOM
                         ■   the role of DEOs in accordance with laws and regulations
                         ■   the code of conduct guiding the performance of DEOs
                         ■   the ethics of non-partisan reporting.

                             SONSAF and SCISEF deployed 667 DEOs in six regions containing 21 electoral districts
                             and 1,642 polling stations across Somaliland, 41 per cent of all polling stations operating
                             on election day. Each observer was expected to file 82 general questions and 10 critical
                             questions; in total each observer was to assess 92 questions at his or her assigned polling
                             station.

                             Table 2: Deployment of observers per region

                                                                            # of
                                                            Final           observers        People           SCISEF           Total
                                                            Polling         trained per      with             roving           observers
                               No      Region               Stations        region           disabilities     observers        per region

                               1       Awdal                234             76               2                12               90

                               2       Maroodi Jeex         535             232              10               35               277

                               3       Saaxil               138             53                                                 53

                               4       Togdheer             319             119                                                119

                               5       Sool                 207             50                                                 50

                               6       Sanaag               209             78                                                 78

                                                            1,642           608              12               47               667

                         12 SONSAF’s mission consisted of SCISEF which hosted domestic observers, regional coordinators, the Media Monitoring Unit,
                             Data Analysing Unit and report writing.
SAFERWORLD         · SONSAF                                                                                       5

                                 Sanaag                 78

                                    Sool           50

                               Togdheer                        119

                                  Saaxil           53

                            Maroodi Jeex                                                277

                                  Awdal                   90

                                           0                  50            100               150              200      250             300

                            In addition to their standard reporting, the observers submitted special reports related
                            to critical incidents, which were intended to immediately draw attention to and
                            possibly trigger action over violations of election procedures or laws. The numbers
                            and types of critical incidents that were reported by election observers are detailed in
                            table 15 on page 43.
                            SCISEF trained DEOs before their deployment to the observation mission. During these
                            trainings, DEOs were familiarised with the observation questionnaires, the observers’
                            code of conduct and the ethics of observation, such as neutrality, impartiality, and
                            non-interference. They were adequately trained not to express any bias or preference
                            in relation to government authorities, political parties, or candidates.

                            Training of domestic observers

                            The training of domestic observers was one-day training conducted simultaneously
                            across all the six electoral regions of Somaliland on 8 November 2017.

                            Figure 1: Structure of the Domestic Election Observation Mission

                                                                   Executive director

CSOs National Task
Force on Domestic                                             Secretariat: operations team
Election Observation

                              Domestic
                                                             Media                  Report                Data centre
                              observers &                                                                                     Legal
                                                             Monitoring             Writing               and
                              regional                                                                                        adviser
                                                             Unit                   Unit                  statistics
                              coordinators

                                                             Trainers of trainees

                            Domestic
                            Election
                            Observers

Saaxil           Sanaag       M/J                       Togdheer             Sool                   Awdal
regional         regional     regional                  regional             regional               regional
forum            forum        forum                     forum                forum                  forum
6                                    SOMALILAND DECIDES : DOMESTIC ELECTION OBSERVERS ’ REPORT ON THE 2017 PRESIDENTIAL ELECTIONS

    1.1.4. The Data Unit             SONSAF established an elections data management system and database with external
                                     technical support. The system is an open source tool that was tailored to include
                                     standard, fact-based, verifiable indicators to gather and analyse election observation
                                     data from questionnaires.
                                     SONSAF recruited a team of ten personnel to handle the system’s Open Data Kit
                                     (ODK). An ODK consultant was placed in the data centre at the SONSAF office and
                                     a report writing team participated in sessions held there. The elections data manage-
                                     ment system supported the standards of open data. Similar data management for
                                     observer missions was recently carried out through the Apollo election system in
                                     Nigeria, Uganda, Kenya, Tanzania and Zambia.
                                     The approach was as follows:
                                 ■   Saferworld and SONSAF trained and deployed 667 short term observers (STOs) on
                                     election day, all of whom reported back using coded SMS on opening, polling, closing
                                     and counting.
                                 ■   All observers agreed to send ten messages at set times throughout the day as they
                                     observed the critical components of election day operations, including the set up
                                     and opening of polling stations, the polling/voting process, and the counting and
                                     declaration of results.
                                 ■   Observers used two checklists: a standard checklist to describe the full process from
                                     the opening to the closing of polling stations and a second checklist on incident
                                     reporting.
                                 ■   SMS integration into the election system was complete and functional.
                                 ■   The system had a messaging feature that enabled sending bulk SMSs to all observers.
                                 ■   The data unit analysed SMS data sent from polling stations and compiled summaries
                                     of results within a short period of time.

                                     The data management system provided a cheap, efficient and effective means of data
                                     collection, verification and analysis that met international standards for election data.
                                     Little time was required to release reports on election day, since the reports were received
                                     in short intervals from all locations where observers were deployed. The security and
                                     integrity of the data was of critical importance, and all information was protected by
                                     the server. Only trained observers who were issued with observer IDs could submit
                                     reports. The checklists developed and used during the process were within the
                                     parameters of procedures and guidelines set by NEC.

A capacity building training
in Hargeisa, where women
  campaigners learnt about
    the electoral cycle, legal
 structures, communication
            skills and ethical
     campaigning practices.
   Kate Stanworth/Saferworld
SAFERWORLD   · SONSAF                                                                  7

       1.1.5. The Media    SONSAF established a two-person Media Monitoring Unit (MMU) headed by a media
       Monitoring Unit     analyst. The MMU monitored media performance on a daily basis, capturing all
                           relevant information related to the voter registration and election, including press
                           releases made by various stakeholders. It collected all information broadcast and
                           published by TV networks, Radio Hargeisa, BBC, VOA, newspapers and online media
                           outlets. On a monthly basis, it summarised and analysed this information to determine
                           positive and negative aspects of the media’s performance, the media’s adherence to the
                           code of conduct (signed by the NEC and the media before the commencement of voter
                           registration) and use of the media by specific actors and political parties.

    1.1.6. Post-election   SONSAF hosted a one-day consultation workshop on 12 December 2017. Participants
consultation workshop      included 120 representatives of different electoral stakeholders, including NEC. The
                           objective was to review the post-election environment and gather comments, views
                           and opinions on the election process. Participants were divided into small groups to
                           cover different components of the electoral cycle, and contributed recommendations
                           and lessons learnt.
8

           2
                              Institutional and
                              legal frameworks

     2.1. Political           SOMALILAND ADOPTED A PRESIDENTIAL SYSTEM IN ITS CONSTITUTION ,                         which
           system             was ratified in 2001. The state is divided into legislative, executive and judicial branches,
                              each of which is independent from the others. Somaliland has local and central
                              governments. It is divided into six regions and 42 districts.13
                              In 2002, Somaliland introduced a political system based on multiparty democracy.14
                              The constitution limits the number of political parties to three at one time, as stated
                              in paragraph 2 of Article 9. In order to uphold the unity of the nation, the constitution
                              prohibits any political party to be based on regionalism or clannism.

        2.2. Legal            SONSAF conducted an extensive review of the existing electoral laws in Somaliland
      framework               to evaluate whether the presidential election of 13 November 2017 was conducted in
                              line with international and regional election standards, including the general principles
                              defined in international treaties and other instruments. This section focuses on
                              electoral boundaries, electoral codes of conduct, electoral management bodies,
                              electoral systems and legislation.

    2.2.1. International      Article 21, paragraph two of the Somaliland Constitution states: ‘The articles which
    election standards        relate to fundamental rights and freedoms shall be interpreted in a manner consistent
                              with the international conventions on human rights and also with the international
                              laws referred to in this constitution.’
                              The Universal Declaration of Human Rights (1948) establishes key democratic
                              principles including the central role of genuine elections in conferring legitimacy
                              on the authority of government. It states: ‘The will of the people shall be the basis of
                              the authority of government; this will be expressed in periodic and genuine elections
                              which shall be by universal and equal suffrage and shall be held by secret vote or by
                              equivalent free voting procedures.’

                           13 See paragraph 1 of Article 5 of: Somalilandlaw.com, ‘Administrations of Regions and Districts Law No. 23/2002–2007’
                              (http://www.somalilandlaw.com/local_government_law.htm)
                           14 Article 9, paragraph 1 of the Somaliland Constitution reads: “The political system of the Republic of Somaliland shall be
                              based on peace, cooperation, democracy and plurality of political parties.”
SAFERWORLD       · SONSAF                                                                                                    9

                              Other legal instruments adopted within the UN system that are relevant to Somaliland’s
                              electoral laws include: Article 25 of the 1966 International Covenant on Civil and
                              Political Rights; Articles 1 and 3 of the 1952 Convention on the Political Rights of
                              Women; Article 5 (c) of the 1965 Convention on the Elimination of All Forms of Racial
                              Discrimination; and Article 7 of the 1979 Convention on Elimination of All Forms of
                              Discrimination against Women; and The General Assembly Resolution on Enhancing
                              the Effectiveness of the Principle of Periodic and Genuine Elections (17 December 1991).

2.2.2. Regional election      SONSAF’s assessment looked at instruments adopted by regional organisations such
             standards        as the Organization of African Unity (OAU) and its successor, the African Union
                              (AU). These include the AU’s principles governing democratic elections in Africa,15
                              which were adopted by heads of state and governments at the 38th Ordinary Session
                              of the OAU on 8 July 2002 in Durban, South Africa – in particular Provision 1.2, and
                              the African Charter on Democracy, Elections and Governance (2007).16
                              The principles governing democratic elections in Africa, in line with the United
                              Nations High Commissioner for Human Rights,17 state that democratic elections are
                              a fundamental human right:
                           1) Democratic elections are the basis of the authority of any representative government.
                           2) Regular elections constitute a key element of the democratisation process, and there-
                              fore are essential ingredients for good governance, the rule of law, the maintenance
                              and promotion of peace, security, stability, and development.
                           3) The holding of democratic elections is an important dimension in conflict prevention,
                              management, and resolution.
                           4) Democratic elections should be conducted:
                              a) Freely and fairly
                              b) Under democratic constitutions and in compliance with supportive legal
                                 instruments
                              c) Under a system of separation of powers that ensures in particular, the independence
                                 of the judiciary
                              d) At regular intervals, as provided for in national constitutions
                              e) By impartial, all-inclusive competent accountable electoral institutions, staffed by
                                 well-trained personnel and equipped with adequate logistics

                              These democratic principles are applicable to elections across the African continent, and
                              researchers assessed and observed the extent to which the process of election planning
                              and preparation in Somaliland was in line with the core areas highlighted above.

2.2.3. National election      The Somaliland Constitution (2001) is the main source of national election standards
             standards        for Somaliland, and contains provisions stipulating citizens’ fundamental rights.
                              Citizenship is addressed in Article 4, and the political system18 in Article 9, paragraph 1,
                              which states: “The political system of the Republic of Somaliland shall be based on
                              peace, cooperation, democracy and plurality of political parties.” In paragraph 3 of
                              Article 9, the constitution recognises the formation of political parties based on region
                              or clan as unlawful, stipulating: “A special law shall determine the procedures for the

                           15 African Union, ‘Guidelines for African Union Electoral Observation and Monitoring Missions’ (http://www.achpr.org/files/
                              instruments/guide-elctions/au_instr_guide_elections_eng.pdf)
                           16 See EX.CL/91 (V) Annex II of: African Union (2007), ‘African Charter on Democracy, Elections and Governance’
                              (http://archive.ipu.org/idd-E/afr_charter.pdf)
                           17 Office of the United Nations High Commissioner for Human Rights, ‘Compilation of documents or texts adopted and used
                              by various intergovernmental, international, regional and subregional organizations aimed at promoting and consolidating
                              democracy’ (http://www2.ohchr.org/english/law/compilation_democracy/ahg.htm)
                           18 Paragraph 2 of the Somaliland constitution reads: “The number of political parties in the Republic of Somaliland shall not
                              exceed three”.
10                                 SOMALILAND DECIDES : DOMESTIC ELECTION OBSERVERS ’ REPORT ON THE 2017 PRESIDENTIAL ELECTIONS

 Workers at a call centre for
     the Domestic Election
      Observers Mission in
 SONSAF’s office, Hargeisa.
  Kate Stanworth/Saferworld

                                   formation of a political party, but it is unlawful for any political party to be based on
                                   regionalism or clannism.” Paragraph 2 of Article 9 also limits the number of political
                                   parties to three.
                                   Article 8 of the constitution contains provisions for the equality of citizens under the
                                   law. Article 21 provides for the implementation and interpretation of fundamental
                                   rights and freedoms as constitutional duties directed to all levels of the legislative,
                                   executive, and judicial branches as well as regional and local governments 19 in a manner
                                   consistent with international conventions.20
                                   Article 22 establishes the right to stand for election and the right to vote, Article 32(3)
                                   establishes freedom of expression and Article 23 establishes freedom of association,
                                   assembly, movement, and non-discrimination. Paragraph 1, Article 22, states: “Every
                                   citizen shall have the right to participate in political, economic, social and cultural
                                   affairs in accordance with the laws and the constitution.”
                                   Article 36 stipulates the rights of women, stating in paragraph 1: “The rights, freedoms
                                   and duties laid down in the constitution are to be enjoyed equally by men and women
                                   save for matters which are specifically ordained in Islamic Sharia.” These equal rights
                                   include the right of both men and women to participate in elections and voting.
                                   The election laws do not contain provisions discriminating against women.

 2.2.4. Election system            Article 83(2) of the Somaliland constitution enshrines periodic joint elections for the
                                   president and vice president: “The joint election of the president and the vice president
                                   shall be based on the list system and shall take place a month before the end of the term
                                   of office of the outgoing president.” 21 Article 83(4) adds: “The two candidates in the list
                                   which obtains the highest number of votes cast in the presidential and vice presidential
                                   election shall be recognised as the successful candidates.” 22
                                   The Presidential and Local Council Elections Law (Law No. 20/2001(2017)) stipulates
                                   in Article 10(8) and in Article 24 that “the process of the election of president and vice

                                19 Paragraph 1 of Article 21 of the Somaliland constitution reads: “The legislative, executive and judicial branches of the state
                                   and the local government of the regions and the districts of the Republic of Somaliland, of all levels, shall be bound by the
                                   provisions of this Part.”
                                20 Paragraph 2 of Article 21 of the Somaliland constitution reads: “The articles which relate to fundamental rights and
                                   freedoms shall be interpreted in a manner consistent with the international conventions on human rights and also with the
                                   international laws referred to in this Constitution.”
                                21 The Constitution of the Republic of Somaliland, ‘Article 83: Election Procedures’, paragraph 2
                                   (http://www.somalilandlaw.com/body_somaliland_constitution.htm)
                                22 The Constitution of the Republic of Somaliland, ‘Article 83: Election Procedures’, paragraph 4
                                   (http://www.somalilandlaw.com/body_somaliland_constitution.htm)
SAFERWORLD     · SONSAF                                                                                             11

                        president shall be the system in Article 83 of the Somaliland constitution in paragraph
                        (1, 2, 3 and 4) and shall be a majority system. “Article 4 (1) stipulates the term of office
                        for the president and vice president as five years, and Article 7 (3) establishes voting
                        rights.

 2.2.5. Election        Law No.20/200123
legislation and
                        The Presidential and Local Council Elections Law (Law No.20/2001) was enacted in
    boundaries
                        2001, and established an election system based on proportional representation.24 This
                        law has been amended six times since its enactment, the latest of which was in January
                        2017 to reflect the introduction of the iris voter registration system and to consolidate
                        all amendments into a single document.25 It was first used for the 2002 local council
                        elections and later in the House of Representatives election in September 2005. Since
                        2001 there have been no combined presidential and local council elections, and there is
                        no clarity in the law about whether these should take place simultaneously, as the title
                        of the law suggests.
                        Article 10(1) deals with polling stations: “When conducting presidential and vice
                        presidential elections, the country shall be divided into electoral regions and shall be
                        divided into polling stations complying with the regional boundaries 26 of the Republic
                        of Somaliland.”
                        Article 66 27 establishes that the Somaliland Supreme Court is the competent court for
                        disputes airing from presidential elections. According to Article 64(3), these disputes
                        should be raised after the NEC declares the preliminary election results for the president
                        and vice president. The results of the presidential elections held in Somaliland on
                        13 April 2003 and on 26 June 2010 were taken to the Somaliland Supreme Court.

                        Somaliland Political Parties Law No.14/2000/2011
                        This law 28 establishes a time limit of ten years on the official recognition of the three
                        political parties stipulated by the constitution, after which political parties must receive
                        a new mandate by receiving the highest numbers of votes in local council elections.
                        This is meant to prevent monopolies in the multiparty system.

                        Somaliland Citizenship Law No. 22/2002
                        This law regulates participation in elections, based on the principles of Article 4 of the
                        Somaliland constitution. The law establishes conditions for the possession and loss of
                        Somaliland citizenship.

                        Somaliland Voter Registration Law No.37/2007/2014
                        This law establishes the regulation and administration of the voter registration process.
                        The law was used to regulate the recent voter registration process using iris-recognition
                        technology.

                   23 Somalilandlaw.com, ‘Somaliland Electoral Laws’, (http://www.somalilandlaw.com/electoral_laws.html)
                   24 See Somalilandlaw.com (2017), ‘Presidential and local councils elections (amendments & consolidation) law – Law No.
                        20/2001 [2017]’ (http://www.somalilandlaw.com/Pres___LC_2016__Consolidation__Law_2001-17_Eng_300617Fi.pdf) and
                        its six amendments during: 2009, 2010, 2012 and 2017, consolidated text disseminated through the official public gazette
                        published on 4 February 2017.
                   25   See: Somalilandlaw.com (2017), ‘Presidential and local councils elections (amendments & consolidation) law – Law No.
                        20/2001 [2017]’ (http://www.somalilandlaw.com/Pres___LC_2016__Consolidation__Law_2001-17_Eng_300617Fi.pdf)
                   26   See in Article 7(1) of Somalilandlaw.com, ‘Somaliland Administration of Regions and Districts Law No. 23/2002/2007’,
                        (http://www.somalilandlaw.com/local_government_law.htm)
                   27   See presidential and local council elections (Law No. 20/2001 as amended up to January 2017), JSL/M/XERM/249-
                        4518/012017, presidential decree Lr: 0756/012017, dated 28 January 2017.
                   28   See Somalilandlaw.com, ‘Somaliland Political Parties Law No. 14/2000/2011’ (http://www.somalilandlaw.com/body_xeerka_
                        xisbiyadda.htm)
12                             SOMALILAND DECIDES : DOMESTIC ELECTION OBSERVERS ’ REPORT ON THE 2017 PRESIDENTIAL ELECTIONS

                               Administration of Regions and Districts Law (Law No.23/2002/2007)
                               This law establishes the boundaries of the six regions on the basis of the boundaries
                               of the six districts that existed on the date of Somaliland’s political independence on
                               26 June 1960.29 The law stipulates that the six regions and 42 districts, in Article 5(1)
                               and Article 5(6) respectively, are the only regions and districts established by law.
                               The existing electoral law clarifies electoral boundaries and the Ministry of Interior is
                               responsible for reinforcing boundaries established by law.

 2.2.6. Regulations and        During the pre-election period, various codes of conduct applicable to the elections
       codes of conduct        were revised and updated through a consensus approach led by NEC, including:
                          ■    Presidential campaign code of conduct 2017
                          ■    Domestic election observers code of conduct 2017
                          ■    Media Code of Conduct for the 2017 presidential election 30
                          ■    Political Parties Code of Conduct for the 2017 presidential election31
                          ■    Electoral complaint and disputes resolution procedures.32

                               Presidential election code of conduct for political parties

                               This code was signed by the three political parties and the NEC on 26 September 2017.
                               It comprises 28 articles and is more extensive and comprehensive than the previous
                               codes.33 Paragraph 6, Article 45 states: ‘Every party representative must comply with
                               the code of conduct for the political parties and with the registration laws in force.’ 34
                               The code contains a complaints mechanism, detailed in Articles 18 and 19.

                               Table 3: Signatories to the code of conduct for the political parties on August 2017

                                 Name of signatory                                Position           Institution

                                 Muse Biihi Abdi                                  Chair              KULMIYE Party

                                 Eng. Faysal Ali Hussein                          Chair              UCID Party

                                 Abdirahman Mohamed Abdilahi                      Chair              WADDANI Party

                                 Eng. Abdiqadir Iiman Warsame                     Chair              NEC

                               Source: Somaliland Voters’ Registration Law and Regulations, March 2016, p 126.

                               Voter registration observers code of conduct 35

                               This code was issued by the NEC as part of its powers under Article 45 of the 2014
                               Voter Registration Law. Moreover, Voter Registration Implementation Regulations
                               (VRIR) No: 01/2015 established in Article 48, paragraph 1 states: “The observers
                               approved by the Commission shall observe voter registration activities being conducted
                               at the voter registration centres. The observers shall abide by the Code of Conduct

                          29 When Somaliland proclaimed restoration of its sovereignty in 1991, the boundaries of districts returned to the status quo of
                               before 1 July 1960.
                          30 See Media Code of Conduct for 2017, presidential election, 16 October 2017, Source: Republic of Somaliland National
                               Electoral Commission (2017), ‘Media Code of Conduct for Presidential Elections in 2017’, 15 October
                               (http://www.somalilandlaw.com/Xeerka_Anshaxa_Saxaafada_ee_Doorashada_MXyada_2017F.pdf)
                          31   See Parties Code of Conduct, 15 October 2017, Source: Republic of Somaliland National Electoral Commission (2017),
                               ‘Political Parties Code of Conduct, for 2017 Presidential Elections’, 26 September (http://www.somalilandlaw.com/Xeerka_
                               Habdhaqanka_Xisbiyada_ee_Doorashada_MXyada_ee_2017F.pdf)
                          32   See Somaliland Presidential election 2017, Source: Republic of Somaliland National Electoral Commission (2017) ‘Electoral
                               Complaint and Disputes Resolution Procedures’ (http://www.somalilandlaw.com/Habraaca_Xalinta_Cabashooyinka_iyo_
                               Muranada_Doorashada_MXyada_ee_2017F.pdf)
                          33   Somalilandlaw.com (2017), ‘Political Parties Code of Conduct for 2017 Presidential Elections’, 26 September
                               (http://www.somalilandlaw.com/Xeerka_Habdhaqanka_Xisbiyada_ee_Doorashada_MXyada_ee_2017F.pdf)
                          34   See Voter Registration Implementation Regulations No: 01/2015
                          35   See Voter Registration Implementation Regulations No: 01/2015, Ref: GDQ/XK/497/2015, issued 2 January 2016, in
                               ‘Somaliland Voters’ Registration Law and Regulations’, March 2016, p 53. Available at: http://www.somalilandlaw.com/
                               Code_of_Conduct_for_VR_Observers_2015.pdf
SAFERWORLD       · SONSAF                                                                                           13

                         (for observers).” The code provides general restrictions as well as the rights and
                         responsibilities of DEO organisations and their representatives.

                         Media code of conduct for the election period

                         The media is an integral part of elections and is considered a key electoral stakeholder.
                         This code was issued by the NEC under powers given to it by Article 45 of Voter
                         Registration Law No.37/2014, passed on 4 December 2014.36 Article 49, paragraph 3
                         states that: “The media shall abide by the Voter Registration Media Code of Conduct
                         and shall always carry an identity card indicating their respective media house.”

          2.3.           SONSAF and SCISEF monitored the performance of existing electoral institutions and
Institutional            the extent to which they have been established by law and are operating independently
                         and impartially, exercising their powers and performing their functions without fear,
 framework               favour or prejudice.

 2.3.1. Somaliland       In accordance with Article 12, paragraph 2 of Law No.20/2001–2017, the House of
National Electoral       Elders selects two NEC members, opposition parties select two members, and the
      Commission         president selects three members. All nominations are approved by a majority vote
                         of the House of Representatives.37 The seven NEC members elect a chairperson and
                         deputy chairperson from among themselves.38 The NEC’s term of office is five years,39
                         beginning from the date that the House of Representatives approves the appointments.
                         Article 11 of Law No. 20/2001(2017) establishes the institutional framework of the
                         NEC, including the central office of the commission, the regional electoral offices, the
                         district electoral offices and the polling station electoral offices.
                         Article 12(7) confirms that the NEC is an independent statutory body established to
                         organise and administer national elections in accordance with the Somaliland
                         constitution and electoral laws.

2.3.2. The Election      The Election Monitoring Board (EMB), made up of seven members, is selected and
Monitoring Board         appointed by the NEC under Article 17(3) of Regulation No.1-2015.40 Article 14(2)
                         states: “The purpose of the establishment of the board is to advance the realisation
                         of the holding of a proper registration in the country and for such registration to be
                         undertaken and concluded without disputes and in accordance with the (Registration)
                         Law and the (other) laws of the country.” In addition, the “National Electoral
                         Commission and its disciplinary committee on voter registration have jointly issued
                         instructions on 7 March 2016, which they intended for political parties to refrain from
                         any breach of the voter registration code of conduct dated 7 January 2016.” 41 This
                         followed complaints made against political parties, who were accused of using voter
                         registration as a campaigning tool during their visits to the regions for the purposes
                         of monitoring and participating in the voter registration opening ceremonies.

                      36 See Somalilandlaw.com, ‘Somaliland Voters’ Registration Law and Regulation’ (http://www.somalilandlaw.com/Somaliland_
                         Voter_Reg_Law___Regs_2016.pdf)
                      37 The previous Commission’s term of office lasted from 21 January 2002 to 1 June 2007 and from 2 June 2007 to 23 October
                         2009, except for the one Commission that resigned.
                      38 See Article 11(1) provision (a) and (b) of Law No.20/2001.
                      39 See Article 12(1), paragraph c, of Law No. 20/2001.
                      40 Somalilandlaw.com, ‘Somaliland Voters’ Registration Law and Regulation’ (http://www.somalilandlaw.com/Somaliland_
                         Voter_Reg_Law___Regs_2016.pdf)
                      41 See Saaxil, Sheikh, Bali Gubale, Gabiley, ‘Voter Registration Briefing Paper: 3’, p 2.
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